The Supreme Court has held that private schools cannot refuse admission to students allotted by the State under the Right to Education (RTE) framework.
Background of the Case
The case arose after a young student in Uttar Pradesh was selected for admission to a pre-primary class under the RTE quota for the 2024–25 academic year. Her name was included in the official list prepared by the State authorities and forwarded to Lucknow Public School, Eldico.
Despite the allotment, the school did not grant admission. It cited doubts over the student’s eligibility and refused to allow her to attend classes.
The student approached the High Court, which ruled in her favour. The court made it clear that once the State completes the admission process, schools are bound to follow it.
Challenging this decision, the school moved the Supreme Court.
The dispute centered around the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act).
This law guarantees free education to children and requires private unaided schools to reserve at least 25% of entry-level seats for children from weaker sections and disadvantaged groups.
The admission process is managed by the State to ensure fairness and transparency
The Supreme Court emphasized that the right to education is not just a policy goal but a fundamental right under Article 21A of the Constitution.
“The right to education will remain an empty promise if the mandate of the Act is not implemented in its true spirit,” the bench observed.
It noted that the entire admission process is designed to be transparent and centralized. Once a child is selected and allotted a school, that institution has no authority to question the decision.
“The school has no option except to grant admission to the student,” the Court reiterated, echoing the High Court’s reasoning.
The judges also underlined the broader purpose of the law. By bringing children from different social backgrounds into the same classrooms, the RTE Act aims to promote equality and social integration.
The Court described neighbourhood schools as a key part of this vision, calling them “a common civic space” where barriers of class and background can be reduced.
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The Court clarified that if a school has concerns about a student’s selection, it may approach the authorities. However, it cannot delay admission while waiting for a decision.
Granting immediate admission is essential to ensure that a child’s education is not disrupted.
The bench stressed that all stakeholders-government bodies, schools, and even courts-have a role in making the right to education effective on the ground.
The Supreme Court declined to interfere with the High Court’s order directing the school to admit the student.
It upheld that schools are legally bound to admit students allotted by the State under the RTE framework without delay.
The Special Leave Petition filed by the school was dismissed. No order as to costs.
Case Details
Case Title: Lucknow Public School, Eldico & Anr. v. State of Uttar Pradesh & Ors.
Case Number: SLP (C) Diary No. 60657 of 2024
Judge: Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe
Decision Date: April 28, 2026
